Former Perdue contractor fined for use of child labor, agrees to consent order

A Tennessee-based cleaning contractor employed at a Perdue plant on the Eastern Shore of Virginia was fined $649,304 as part of a settlement relating to child labor at the facility, following a United States Department of Labor Wage and Hour Division investigation.

The investigation found the company, Fayette Janitorial Service LLC, employed at least 24 children, as young as 13 years old, on overnight sanitation shifts at two separate slaughtering and meat packing facilities one in Sioux City, Iowa, and the other at Perdue Farms in Accomac, Va., according to a May 6 press release from the U.S. Department of Labor.

“At least one child had suffered severe injuries at the Perdue Farms plant as the child tried to remove debris from dangerous machinery,” the release said.

In this file photo, Perdue Corporate Headquarters is pictured on Wednesday, Aug. 9, 2023, in Salisbury, Maryland. A federal investigation into the use of child labor at a Perdue facility on the Eastern Shore of Virginia reached a resolution on May 6, 2024.
In this file photo, Perdue Corporate Headquarters is pictured on Wednesday, Aug. 9, 2023, in Salisbury, Maryland. A federal investigation into the use of child labor at a Perdue facility on the Eastern Shore of Virginia reached a resolution on May 6, 2024.

Previous reporting from the Daily Times in September 2023 indicated that there was a federal investigation open at Perdue, based in Salisbury, Md., and Tyson Foods, based in Springdale, Ark., which also operates a plant on Virginia’s Eastern Shore.

The consent order and judgment, approved by a U.S. District Court Monday, “resolves” the acting U.S. labor secretary's investigation against Fayette at the Perdue Farms facility in Accomac, the court document said.

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What does the consent order do to address child labor?

The consent order requires Fayette to:

  • hire a third-party consultant with experience complying with the Fair Labor Standards Act within 90 days;

  • have the compliance monitor review company policies, provide training and audit compliance for at least three years;

  • impose discipline on any management personnel responsible for child labor violations (after the date of the judgment);

  • establish a toll-free hotline number for the reporting of child labor compliance concerns;

  • and maintain accurate records of all employees, including date of birth and work tasks assigned.

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Perdue spokesperson: 'Underage labor has no place in our business'

“Underage labor has no place in our business or industry,” said Perdue spokesperson Andrea Staub, in a May 7 email. “We terminated our contract with Fayette early this year, and we have strengthened the screening and monitoring process for all our third-party contractors,” she said.

Fayette Chief Executive Officer Matthew Armour said the U.S. Department of Labor received “full cooperation” from Fayette throughout the process.

“The realization that the use of fraudulent identification documents had allowed individuals under the age of 18 to circumvent our policies and procedures required immediate action,” said Armour, in a May 7 email. He cited "investments" in systems and technologies, which have "closed the gap that allowed this situation to arise."

“Our goal remains to ensure a safe and compliant work environment for all of our employees,” he said.

In this file photo, from left to right, U.S. Sen. Gary Peters, D-Mich., left, U.S. Secretary of Energy Jennifer Granholm, U.S. Deputy Secretary of Labor Julie Su, and U.S. Sen. Debbie Stabenow, D-Mich., visit Michigan to be part of a roundtable to jumpstart the Biden-Harris Administration's latest effort to support the development of America's modern battery industry Monday, Dec. 12, 2022 at the Automotive Hall of Fame in Dearborn. Su has been the acting secretary of the U.S. Department of Labor since March of 2023.

In the U.S. Department of Labor’s release, a regional administrator for the department's Wage and Hour Division said: “Every employer has a legal and moral obligation to make certain they are not employing children in dangerous jobs.”

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“With this agreement, we are ensuring Fayette Janitorial Service takes immediate and significant steps to ensure they never put children in harm’s way again,” Midwest Regional Administrator Michael Lazzeri said.

Dwight A. Weingarten is an investigative reporter, covering the Maryland State House and state issues. He can be reached at dweingarten@gannett.com or on Twitter at @DwightWeingart2.

This article originally appeared on Salisbury Daily Times: Former Perdue contractor, Fayette Janitorial, fined for child labor

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